Driving on a suspended license carries significant penalties in the Commonwealth of Virginia. Mattox Law understands that each suspended license violation is unique. This offense is a class 1 misdemeanor, the most severe classification Additionally, receiving a conviction carries very likely possibilities of:
- higher fines
- jail sentence (mandatory for multiple convictions)
- longer license suspensions
To read the full statute, driving on a suspended or revoked license appears here: Virginia Code § 46.2-301(B)
Interpreting Virginia Code § 46.2-301(B) Driving On A Suspended License
There are three primary elements the Commonwealth must prove for a conviction under this statute:
- proof that you were driving a motor vehicle
- showing that your license was suspended
- proof that you had knowledge of the suspension
The first two elements are pretty straightforward. These two elements are usually very easy for the Commonwealth to prove. The third element can often be more problematic for the Commonwealth. The prosecutor must prove with affirmation that you had actual knowledge that your license was suspended. In our experience, we have seen many attorneys concede this point without forcing the prosecutor to prove it resulting in unnecessary convictions for those clients. If the Commonwealths Attorney is unable to demonstrate that you were aware of the suspension the Court must dismiss the case against you. Further, there are some instances where there may be a presumption of notice; however, we can frequently rebut that presumption through your testimony indicating that you in fact never received notification.
Each driving on a suspended license case is different. Therefore, it is critical to speak with an attorney who is knowledgeable and experienced in handling these cases. Mattox Law has a proven track record with driving on a suspended license case and has obtained outstanding results for our clients. If you have additional questions about your case, please contact our office today.